Excerpt: ...ies to appear to discuss a future date for trial. Factual / Procedural Context: Plaintiff Danielle Johnson (“plaintiff” or “Johnson”) alleges that on 6/3/20, defendant Douglas Roger, M.D. (“Dr. Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Dr. Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Cl...

Excerpt: ...eans a party, a party's attorney, a witness, and an insurer or any other individual or entity whose consent is necessary for the disposition of the case. If a failure to comply with an applicable rule is the responsibility of counsel and not of the party, any penalty must be imposed on counsel and must not adversely affect the party's cause of action or defense thereto. Rule 2.30(b) also allows the court to order “the person who has violated an...

Excerpt: ...nst an occupant that continues to reside in a dwelling following a sale after a deed of trust per CCP § 1161a. Plaintiff alleges that the subject property was sold to Plaintiff in accordance with section 2924 of the Civil Code, under a Power of Sale contained in a Deed of Trust, executed by the defendants herein, and title under the Sale has been duly perfected in Plaintiff. (Complaint, ¶ 6.) Defendant Mondragon has brought two motions: (1) a m...

Excerpt: ...has expired. (CCP § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, citing Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 1998) §§ 7:275 & 7:322.) A motion for judgment on the pleadings “attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed” and “[p]resentation of extrinsic evidence is therefore not proper on a motion for judgm...

Excerpt: ...ns contained within the purchase agreements are broad enough to cover the claims asserted against the moving Defendants, but concluded that the evidence submitted by Defendants in support of the fee motion was too general to assist the court in determining whether the fees requested were reasonable. For that reason, the court denied the motion, inviting Defendants to file a subsequent motion for attorneys' fees on or before August 1, 2022. The fa...

Excerpt: ...t “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” The costs which a prevailing party is allowed to recover under section Page 8 of 11 1032 includes attorney's fees authorized by (1) contract, (2) statute, or (3) law. (Code Civ. Proc., §1033.5(a)(10)(A),(B)&(C).) California Civil Code section 1717 provides for basis for seeking fee award in ...

Excerpt: ...he campaign. Bennett is a business representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. The FAC asserts: (1) defamation/libel per se; (2) online impersonation in violation of Penal Code §528.5; (3) tortious interference; (4) economic interference; (5) intentional misrepresentation; (6) negligent misrepresentation; (7) negligence; (8) civil conspirac...

Excerpt: ...UMF Nos. 2, 4, 11‐14, 25‐26, 28‐30, and 32. Request for Judicial Notice “[A]lthough the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Moreover, it is appropriate for the court to take, judi...

Excerpt: ... that the defendants were the prevailing party. (Id. at 107‐108.) Coltrain was criticized by Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4th 1447, 1457, which held that the court must first determine whether the defendant would have prevailed on the anti‐SLAPP. Accordingly, the court first needs to determine whether Defendants would have prevailed on the underlying anti‐SLAPP. Page 3 of 5 A. Underlying Anti‐SLAPP 1. Defendant's Burde...

Excerpt: ...or about February 14, 2022, Case No. 21STCV47354, Jane Doe v. Idyllwild Arts Foundation and Keith Lewis. This document may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reas...

Excerpt: ...act, 2) slander of title, violation of HBOR, and 4) UCL violations arising out of the servicing of Plaintiff's mortgage. Plaintiff seeks a preliminary injunction to stop a pending non‐judicial foreclosure of Plaintiff's Property. On or around January 14, 2022, Affinia Default, on behalf of U.S. Bank, recorded a Notice of Trustee's Sale on Plaintiff's Property scheduled to take place on July 26, 2022. The court entered a TRO and set this matter ...

Excerpt: ...tions within 30 days of this order. The motion as to request for admissions admitted is granted only as to those responses that included an objection. The requests for sanctions are denied. Factual and procedural background: The complaint asserts the following causes of action: (1) violation of subdivision (d) of Civil Code § 1793.2, (2) violation of subdivision (b) of Civil Code § 1793.2, (3) violation of subdivision (a)(3) of Civil Code § 17...

Excerpt: ...nd. As to the remainder Demurrer, it is otherwise overruled; and the Motion to Strike is denied. Although parties agree that the First Amended Complaint is the operative complaint, Plaintiff is ordered to file First Amended Complaint with the court. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) ...

Excerpt: ...ed prior to the date of the offer. The exhibit costs is taxed $551.00 for in‐house Page 3 of 5 printing costs because the exhibits were not used at trial to assist the trier of fact. In total, the costs are taxed $31,042.62. “Except as otherwise provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Cal Code Civ Proc § 1032(b).) Cal. Rules of Court (“CRC”), Rule 3.1700 p...

Excerpt: ... 3/29/22, Sapporo served form interrogatories, requests for admission (FFAs), and requests for production of documents (RFPs) on Dr. Mobin. He responded on 5/13/22. In three separate motions, Sapporo now moves for orders compelling further responses. It also seeks sanctions of $1,090 on the motion about interrogatories (2.5 hours meeting and conferring and on the motion, 2 hours on a reply and a half hour at hearing, all at $200/hour, plus a $90 ...

Excerpt: ...shoulder, blocking all of lane 4 and partially obstructing lane 3 to avoid a prior accident. Plaintiff alleges the semi‐ truck was not disabled or inoperable, and that Esquibel did not turn on the semi‐truck's emergency lights or place emergency reflectors on the roadway to make the semi‐truck visible to oncoming traffic, and the stretch of highway on which the collision occurred does not have any lights illuminating the roadway. Plaintiff ...

Excerpt: ...tiff admits that she informed Groves that she believed Life Care killed her father. (Second Amended Complaint, ¶ 16.) Based on that statement alone, I think it was reasonable that Life Care did not believe Plaintiff could do her job. Whether Life Care's termination of Plaintiff was legally proper is different from whether their conduct constitutes malicious or oppressive conduct. The bulk of the evidence provided by Plaintiff does not support a ...

Excerpt: ..., Inc. dba The Red Barn, alleges that it owned and/or had an insurable interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (AVI) engages in the business of procuring commercial insurance policies for consumers and businesses in California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. How...

Excerpt: ...ance with its own laws, therefore, a writ of mandate shall issue. (California State University, Hayward v. National Collegiate Athletic Assn. (1975) 47 Cal. App. 3d 533, 539.) Respondent shall hold a meeting in compliance with its Grievance Procedures under Art. XIII, Sec. C of the By‐Laws within 45 days. Laches: To defeat a writ petition based on laches, the real party in interest or respondent must show that there was an unreasonable delay in...

Excerpt: ... were not moot, for the same reasons the Court is denying the motion for attorney fees, the Court would have granted Defendants' motion to tax costs. Factual / Procedural Context Plaintiff Wesley Steven Brim (“Plaintiff”) filed the complaint in this action on February 13, 2019 and the operative second amended complaint (“SAC”) on February 19, 2021 against defendants County of Riverside, City of Moreno Valley, Michael Thomas Koehler, Serge...

Excerpt: ...and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Special Interrogatory 88 as drafted is compound and overbroad. Myron provides no explanation why the number of employees at Empire is relevant to this case, and specifically, the number of employees after 2018. ...

Excerpt: ...es. Page 3 of 5 (CCP § 2031.310.) The motion must be served within 45 days after service of a verified response, and must be accompanied by a declaration showing a “reasonable and good faith attempt” to resolve the issues informally. (CCP § 2031.310(b),(c).) The motion “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002)...

Excerpt: ...cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of acti...

Excerpt: ...tiff admits that she informed Groves that she believed Life Care killed her father. (Second Amended Complaint, ¶ 16.) Based on that statement alone, I think it was reasonable that Life Care did not believe Plaintiff could do her job. Whether Life Care's termination of Plaintiff was legally proper is different from whether their conduct constitutes malicious or oppressive conduct. The bulk of the evidence provided by Plaintiff does not support a ...

Excerpt: ...sues. See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6. A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. Lockley v. Law Office of Cantrell, Green, Kekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 881. “It is not sufficient that the complaint might be barred.” Roman v. ...